Ask the Expert: Holidays Abroad with Your Child After Separation

I am a separated dad and there are family court proceedings underway about contact with my young son. At the moment, there is a court order preventing my ex-partner from taking him outside the UK because I was worried that if he was taken abroad permanently, I might never see him again. With the final hearing coming up, holiday travel is going to come up. I would like to understand: the correct legal steps regarding holidays outside the UK, whether written consent is normally required, how these arrangements are usually handled by the court, and what can be done so both parents feel secure and protected going forward. My main priority is my son's wellbeing and a safe, stable relationship with him.

This is a common question, and it is sensible to think about it before the final hearing rather than being caught off guard. Holiday travel abroad may seem daunting when you are in the middle of court proceedings, but the law is reasonably clear once you understand the basics.

The legal starting point: who can take a child abroad?

The basic rule comes from Section 13 of the Children Act 1989. Where a child arrangements order is in place stating that the child lives with a particular parent, that parent can take the child abroad for up to 28 days without needing written consent from the other parent. For any other parent with parental responsibility, taking the child out of the UK typically requires either the consent of everyone else with parental responsibility or a court order permitting it.

Even the 28 day allowance can be overridden if the court has made an order saying otherwise. In your situation, there is already an order in place preventing your ex from removing your son from the UK. That order will stay in force until the court varies it or the proceedings end with a different arrangement.

For any trip longer than 28 days, or where the 28 day rule does not apply, the travelling parent is typically required to obtain either written consent from the other parent or a court order specifically permitting the trip.

You can find more background on parental responsibility and travel on the GOV.UK website.

What should a written consent letter include?

If you and your ex reach agreement about a holiday, it is sensible to put it in writing. Border officials and airlines sometimes ask for evidence of consent, particularly when a child is travelling with one parent only. A consent letter should usually include:

• The child's full name and date of birth
• The dates of travel, including departure and return
• The destination country and, if possible, the address of where the child will be staying
• Flight details or other travel arrangements
• Contact details for the parent who is not travelling
• The signature of the parent giving consent
• Ideally, a copy of that parent's passport or photo ID

While not legally mandated in a specific format, having these details in writing protects everyone. It shows that both parents have agreed and gives the parent staying behind some reassurance about where their child will be.

Court orders that restrict or permit travel

There are two main types of court order that come up around foreign travel.

A Prohibited Steps Order prevents a parent from taking a particular action related to an aspect of parental responsibility without the court's permission. The order you describe, preventing your ex from removing your son from the UK, is a form of this. It remains in place until the court changes it.

A Specific Issue Order works differently. It allows a particular step to be taken even if the other parent does not agree. If one parent wants to take a child on holiday and the other parent is refusing consent unreasonably, the parent wanting to travel can apply for a Specific Issue Order asking the court to permit the trip.

Both types of order are made under Section 8 of the Children Act 1989. The application is usually made using Form C100, which you can download from GOV.UK or obtain from the court.

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What if consent is refused unreasonably?

Sometimes a parent will refuse to agree to a perfectly ordinary holiday out of spite or anxiety, rather than any real concern about the child's safety. If you find yourself in that position, the first step is to try and talk it through. Be specific about dates, where you are going, where you will be staying, and when you will be back. Sometimes providing that detail is enough to resolve things.

If talking does not work, mediation is the next step. You are required to attend a Mediation Information and Assessment Meeting, known as a MIAM, before you can apply to court for an order. This is a short meeting with a mediator to see whether your dispute could be resolved outside court. Some exemptions apply, for example if there has been domestic abuse, but for most parents this step is mandatory.

If mediation does not succeed or is not appropriate, you can then apply to court for a Specific Issue Order asking the court to permit the holiday. The court will consider the child's welfare and make a decision.

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What will the court consider?

When deciding whether to permit a trip abroad, the court considers the child's welfare as paramount. Judges will usually look at:

• The purpose and length of the trip
• The destination, including whether it is a country that is a signatory to the Hague Convention on child abduction. This is one factor among many, as being a signatory country may make it easier to secure a child's return if something goes wrong
• Any risk of the child not being returned
• The history of cooperation between the parents
• The child's own wishes and feelings, depending on their age and understanding

Ordinary holidays of one or two weeks in mainstream destinations are not usually refused. Courts recognise that foreign travel is a normal part of childhood and that children benefit from spending quality time with both parents, including on holiday. If there are no serious concerns about abduction or harm, permission is usually granted.

Cafcass, the Children and Family Court Advisory and Support Service, may be involved in your proceedings. Their officers can provide a view to the court on what arrangements would be in your son's best interests. You can find more about what Cafcass does on their website.

The criminal law on child abduction

It is worth understanding why consent matters so much. Under the Child Abduction Act 1984, it is a criminal offence to take a child out of the UK without the appropriate consent or court permission. This applies to parents as well as to anyone else.

The law exists to protect children from being taken abroad against their interests. You should not take your son abroad without either your ex's written consent or a court order, and your ex should not do so either. The order currently in place is there precisely to prevent that.

Practical safeguards to consider at the final hearing

When your case reaches its final hearing, holiday travel is likely to be discussed. It may help to think about practical safeguards that could give both of you confidence going forward. These might include:

• Agreeing that the travelling parent will share the full itinerary and contact details at least two weeks before departure
• Agreeing set times for video calls during the trip so the child can stay in touch with the other parent
• Confirming that return flights are booked and sharing the booking details before departure
• Providing copies of accommodation bookings and emergency contact numbers
• Agreeing to notify the other parent immediately of any changes to travel plans
• For longer trips or trips to countries outside the Hague Convention, considering whether a mirror order in the destination country would be appropriate. This is a court order in the other country that reflects the UK order and can make enforcement easier if needed

These kinds of arrangements can be written into a final child arrangements order, or agreed separately between you. The aim is to make sure both parents feel secure and that your son can enjoy holidays with both of you.

If you are unsure about any of this, it is worth speaking to a family solicitor who can give you advice specific to your situation. Many offer a fixed fee initial consultation. You can also find guidance and template forms on GOV.UK.

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